Other conditions decisions — 2007

The Board has remanded the case for further development to determine if the veteran's pulmonary disorders, which ultimately caused his death, are related to service exposure or preservice and postservice occupational activities.

The veteran's service-connected right third toe disability is manifested by subjective complaints of pain, but without limited motion, tenderness, or involvement of all toes. The VA examiner found no functional impairment associated with the condition and thus a compensable rating under applicable diagnostic codes is denied.

The Board has granted an effective date of January 1, 1988 for the award of dependency and indemnity compensation due to the appellant's timely filing after her husband's death.

The Board found that the decedent did not have qualifying military service for VA benefits, and thus the appellant is not eligible for nonservice-connected death pension benefits.

The Board has granted a 30 percent disability evaluation for bilateral vision loss, effective from August 6, 2002. The veteran's claim was not about service connection but rather an increase in his existing condition.

The veteran's claim for an initial rating in excess of 50 percent for dysthymic disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board found that the appellant had no recognized service as a member of the Philippine Commonwealth Army, including in the recognized guerrillas, in the service of the United States of America. Therefore, his claim for nonservice-connected disability pension benefits is denied.

The Board found no evidence of an aneurysm and denied VA compensation under 38 U.S.C.A. § 1151 for an aneurysm.

The appellant is not entitled to death pension benefits on an accrued basis as his mother, Z.O., was not entitled to any benefits at the time of her death.

The Board finds that the medical care provided at St. Vincent's Medical Center on December 13, 2004 was for a medical emergency and grants payment or reimbursement of unauthorized medical expenses incurred by the veteran.

The veteran's claim for payment or reimbursement of unauthorized medical expenses at Johnson City Medical Center from January 1, 2005, through January 8, 2005 is denied as he was not enrolled in the VA healthcare system and did not meet other eligibility criteria.

The veteran seeks a higher rating for his service-connected left femur stress fracture residuals. The case is REMANDED to obtain additional medical records, provide the veteran with proper notice under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b), and schedule a VA examination to determine the current level of severity of his service-connected disability.

The Board denied the appellant's request for an earlier effective date for VA death pension benefits, finding that the claim was received in February 2005 and thus could not be granted before March 1, 2005.

The Board has determined that the veteran's right ear otitis media does not warrant a compensable rating, as there is no evidence of active disease or suppuration.

The Board has remanded the case for additional development of income verification, as missing documents were found in the file and need to be obtained following specific procedures.

The Board has decided to remand the case for further development, including providing proper VCAA notice and scheduling a VA ophthalmology examination.

The veteran's claim for compensation under 38 U.S.C. § 1151 for facial and dental injuries sustained while in pursuit of a VA vocational rehabilitation program is being remanded due to procedural issues.

The Board found that the veteran's death was not caused by a service-connected condition, and thus denied the claim for service connection for the cause of the veteran's death.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for hilar lymph node enlargement due to an undiagnosed illness, but denied the claim as there was no showing of a chronic condition during service or continuity of symptoms after discharge.

The Board has remanded the pension claim for examination of the veteran due to his failure to report for an appointment. The case is also remanded for readjudication and consideration of additional evidence.